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Home My WebLink About#3479-variances-1994 " � ' � ��' CITY of ORON� O : � '~� RESOLUTION OF THE CITY COUNCIL ��,:' � � , �"'�;��' �, NO. �r__�__"�� , b ti, r � t��9 �� . ¢�G kE3H�� A RESOLUTION GRANTING VARIANCES TO MUNICIpAI, ZpNING CODE SECTIONS 10.03, SUBDIVISION 12, 10.03, SUBDIVISION 14 (C) AND 10.25, SUBDIVISION 6 (B) - FILE #1953 �r�g��, William Allen (hereinafter "the applicant"} is owner of the property located at 3475 Livingston Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 10, Block 5, Navarre Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 12 to allow less than the required 10' separation between two structures, and a variance to Section 10.25, Subdivisian 6 (B) to allow a side setback of 6' where a 10' side setback is normally required, and a va,riance to Section 10.03, Subdivision 14 (C) to allow structure coverage in excess of the 15% limit, such variances requested for construction of an addition to the existing residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1953. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District. 3, The Orono Planning Commission reviewed this aPPei Of 4-0 thatthe side s tback � an d Sep t em b e r 1 9, 1 9 9 4 a n d r e c o m m e n d e d o n a v o Page 1 of 6 Fam5W5 Disk': � ��' CITY of ORONO Q .,� O �:��,-�, RESOLUTION UF 'THE CITY COLTNCIL ,� ��'� � � No. 3479 � :�� \ Y .L'� ` ' a 7 t��xE o¢�G 3II be approved at 6', that the structure-to-structure setback be held to a minimum of 7' by reducing the addition to 12'x14', that the deck not be approved but a stoop and steps be approved, and that the variance for lot coverage be allowed in light of the 1,500 s.f. allowance for small lots. Planning Commission based the above recommendation upon the following findings: p, The 6' side setback continues the same setback as the existing house, and the additional encroachment will have no impact on the neighboring property. B, The proposed deck and railing would tend to decrease what already is an extremely small rear yard and add to the intensity of development in the area. C. The 7' structure-to-structure setback yields a more open visual impact and thereby has minimal impact on visual density in the neighborhood. D. Lot coverage as proposed is acceptable considering the small size of the lot and the fact that lot coverage will be less than the 1,500 s.f. limit for small lots. The lot is .15 acres in area and 50' in width, similar to a majority of lots in the area. The proposed improvements are not inconsistent with the Navarre Heights area. 4. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditio�uldgnot merely pose a fire hazard or other danger to neighboring property; serve as a convenience to the applicant, bu�t T�erve a bstantiallproperty demonstrable hardship or difficulty; is necessary P right of the applicant; and would be in keeping with the spirit and intent of the Zoni.ng Code and Comprehensive Plan of the City. Page 2 of 6 ro�saos au c � ��' CITY of ORONO O ._.� � �;��,-�, RESOLUTION OF THE CITY COUNCIL . � e� � � � � �,��` ',;y�, � NO. � , �, ti t��9 ; g�G kESH� CONCLUSIONS, ORDER AND CONDITIONS Based upon the above fmdings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow a room addition to be located 6' from the side lot line where a 10' setback is normally required, and grants a variance to Section 10.03, Subdivision 12 to allow a structure-to-structure separation of 7' where a 10' separation is normally required, or 20.0% where structturall o�veragebof 15%nor noCmore lthan structural cover�ge of 1,349 s.f. 1,500 s.f. is normally allowed, subject to the following conditions: 1. The room addition shall not exceed 12' in depth and 14' in width, as shown on the site plan attached to this resolution as Exhibit A. 2. No deck structure shall be allowed on the property, however, the n�cessary stoop and stairs for access to the rear entry will be allowed. 3, The applicant is advised that with the proposed additions, hardcover on the property will be at approxirnately 31.5% in the 500-1,000' zone where up to 35% hardcover is normally allowed. 4. Improvements to the property which must he completed as part of this project include taking measures to solve the drainage problem adjacent to the house, repairing or properly abandoning the well, and painting the residence. 5. Authorities granted by this variance run with the property not with the applicant, but are pemussive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 10, 1995). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be puni�shable as a misdemeanor. Page 3 of 6 Fomi 5005 bisk Or � ��' CITY of ORONO O_�:::� � O �.`�,-�> � RESOLUTION OF THE CITY COUNCIL � ,��'�'� �, No. 3 4 '7 � h � �� ti ��xE og�G sK 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this lOth day of October, 1994. A EST: l^ . f r r�; orothy llin, City Clerk Edward J. Call, , r., ayor ��,�1�_�,�..�.-, �-\ �---�---- � Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of October, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - CAROIE A. HASEMAN ' NOTARY PUBLK'r-IAINNESOTA NOtiAIy r ubllC HENNEPIN COUNTY � MV CCMM�S�ION EXPIRES 8-2198 nN++r++'ni'• Page 4 of 6 Fam 5005 Dish Or: �' ��' CITY of ORONO O_.,._, . � �;��;�� ,� RESOLUTION OF TI-� CITY COUNCIL � �� ti rro. � 4 '7 9 ti ��9�E, og�G 3I; STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �?�-h day of �,�-f-d 1��•- , 199`� before me a Notary Public within and for said county,personally appeared InJ;I� �a�, /-�I I eh n-,Q rr�ec�. known to me to be the person(s) described in and who execu�ed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free actand deed. CAROLE A. HASEMAN /; /J NOTARY PUBLIG-AIp�M1ESOTA / 1�r-CI / � . HENNEPIN COUNTY �� MY CAMMISSIOIV EXPIAE9 8-2}98 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��'h day of��r��.P r , 199`f before me a Notary Public within and for said county,personally appeared ..,�', (�, �,�.I��n, h�ar r�«,( known to me to be the person(s) descnbed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free , act and deed. CAROLE A. HASEMAN NOTAR`/PUBIK'r�1��TA HENNEPIN COUNTY NOTARY PUBLIC � wtY CONu�5sI0P1 ExP�aEs 62198 Page 5 of 6 ro�saos o��►a- EXHIBIT A � 4 7 g - RESOLUTION NO. . 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